Theresa May must match the EU’s lifetime guarantee to preserve the rights of Britons living on the continent with a reciprocal package for EU citizens living in the UK, say campaign groups.
The prime minister is expected to finally outline her proposal for the 3 million EU citizens living in the UK at a dinner in Brussels on Thursday night. The EU sent its proposal to the British government on 12 June but has heard nothing since.
It wants Britons in Europe to continue to have all current rights for the rest of their lives including freedom of movement rights to work in other countries following Brexit.
This was based on the demands of the3million and British in Europe, grassroots campaign groups which feared British people could be “landlocked” to the country of their residence following Brexit.
“We want the UK to mirror the EU proposal. Anything less would not be acceptable. The EU proposal is what we have been asking for all along. We made the same points to the UK government but have heard nothing,” said Nicolas Hatton, the co-founder of the3million, which campaigns for EU citizens in the UK.
“The EU, on the other hand, has listened to us and it would make sense for the British government to match it.
“It is very strange rhetoric to hear ministers saying they hope the EU reciprocates the generous offer they are about to make, when the EU has already made a generous offer,” he added.
The EU proposal was completed following consultation with British in Europe. The draft was sent to all 27 member states and the final version included several key changes suggested by those representing Britons in Europe, including the freedom of movement rights.
A British person living in the Netherlands, for example, would be allowed to move to work or retire in France following Brexit. The freedom to do this would be based on the legal right to move they acquired when they moved to the Netherlands in the first place.
This would not apply to Britons who have not exercised their freedom of movement rights and have remained in Britain all their lives.
“The EU has made a really big effort to maintain our status quo including giving us continuing freedom of movement rights which is really important because it allows us to continue to travel and work in other countries,” said Jane Golding, a British lawyer living in Germany, who helped set up British in Europe, a coalition of 13 campaign groups lobbying on behalf of Britons in Europe.
Golding said there would have to be a quid pro quo for EU citizens in Britain if the rights of those who moved to France or Germany or other European countries “in good faith”, exercising their freedom of movement rights, were protected.
“If it means the British government has to make a couple of uncomfortable decisions to give rights to EU citizens in the UK to ensure British citizens in Europe are protected, that is something they will have to consider because that is what they have said all along. They have said all along that they want to protect Britons in Europe,” she said.
It is expected that the UK proposal will fall short in several key areas including the cut-off date for qualification for protection.
There have been reports that the UK wants to set the cut-off date as 29 March 2017, the day article 50 was triggered.
However, Golding says this would be legally untenable as EU citizens would be legally exercising their European treaty rights up to three months before Britain exits the EU.
The UK may also differ from the EU on the rights of several categories of citizens including students and stay-at-home parents who are “self-sufficient” who have lived in the country without private health insurance.
This would prompt a major row, however, as the UK’s insistence on private health insurance was never publicised and is already the subject of EU legal action.
Another controversial proposal could involve registration for EU citizens currently living in the UK. If this is not “meaningfully linked to residence rights we will oppose it”, said Hatton.
